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(영문) 광주지방법원 2017.10.26 2015가단503730

소유권이전등기

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1. The part of the instant lawsuit against Defendant D and F is dismissed.

2. The Plaintiff:

(a) Appendix No. 2.

Reasons

1. We examine the validity of the part concerning Defendant D and F among the instant lawsuit ex officio.

On February 24, 2015, the Plaintiff issued an order to correct the said Defendants’ address to the Plaintiff on February 24, 2015, by stating that the address of Defendant D and F was unknown. However, the Plaintiff filed an application for service by public notice on July 3, 2015, and the Plaintiff did not revise the said Defendants’ address or revise any personal information to specify the said Defendants, other than the name, until the closing date of the argument in the instant case.

Therefore, among the lawsuit of this case, the part against the above Defendants is unlawful as the Defendants are not specified.

2. Claim against the defendant B

A. On November 26, 1974, the Plaintiff’s alleged AR purchased the land No. 1 from Defendant B’s agent AS in 1974, and paid the price therefor, and occupied it. On November 3, 2001, the Plaintiff donated the said land to the Plaintiff.

AR died on December 21, 2008 and succeeded to the rights and duties of the deceased in proportion to 1/4 shares, respectively, by the plaintiff, AO, AP, and Q. The plaintiff has occupied the land thereafter.

Therefore, Defendant B may selectively demand that the Plaintiff, AO, AP, and Q, who is the heir of the deceased, implement the procedure for ownership transfer registration based on the sale on November 26, 1974 with respect to each of the above 1/4 shares of the above land, or that the Plaintiff implement the procedure for ownership transfer registration based on the completion of the prescriptive acquisition on January 1, 2015 with respect to the above land.

B. The evidence presented by the Plaintiff alone that the AS sold the first land on behalf of the Defendant B on behalf of the deceased.

Since it is insufficient to prove that the deceased and the plaintiff occupied the above land for 20 years in total, the above assertion by the plaintiff is without merit.

c. Claims against Defendant C, I, J, K, L, M, and N

A. 1) AT completes the registration of transfer of ownership on the land on January 11, 1930 by reason of the sale made on December 27, 1929. 2) AT completes the registration of transfer of ownership on the land on January 2, 1930.